The High Court of Kenya has suspended the implementation of the National Dialogue Committee (NADCO) report until further notice pending a hearing and determination of a case filed against it.
In a ruling to a case filed by activist Michael Muchemi, Lady Justice Dora Chepkwony issued orders suspending the implementation of the report that is before parliament.
The petitioner had voiced concerns regarding potential constitutional crisis arising from the report’s processing by parliament.
Muchemi further noted that any attempts to have parliament implement the contents of the report would plunge the country into an unprecedented constitutional crisis.
The petitioner expressed concerns that any attempts to process the contents of the NADCO report without due regard for constitutional frameworks could plunge the nation into uncharted legal territory.
Petition
“If this application is not treated as extremely urgent and certified as such, the underlying constitutional concerns raised in the pleadings below may remain unaddressed,” read part of the petition.
Also Read: Miguna Reveals Raila’s New Political Trick
Justice Chepkwony while suspending the report’s implementation, acknowledged the urgent need to address constitutional concerns.
According to Muchemi, presenting and submitting the report to the National Assembly directly challenges the rule of law in Kenya and could undermine the authority of the Supreme Court regarding election disputes.
He stressed the importance of respecting legal processes to avoid further breaches of the constitution.
Justice Chepkwony’s ruling echoed Muchemi’s sentiments, stating, “Upon considering the grounds on the face of the application together with the affidavit sworn it is hereby ordered that the application be and is hereby certified as urgent and that the application be and is hereby allowed.”
This means that the process that began in parliament to implement the report stops until the determination of the petition before the High Court.
Ruto supports NADCO Report
The ruling comes after President William Ruto and Azimio Leader Raila Odinga earlier this month urged swift action in implementing the NADCO report.
President Ruto while receiving the report at State House Nairobi emphasized the need for bipartisan cooperation, urging Members of Parliament to prioritize the nation’s interests above political affiliations.
“I want to persuade Members of Parliament, from both sides of the House, to work towards doing what is best for Kenya,” he said.
Ruto underscored the significance of the committee’s recommendations, emphasizing their potential to foster unity, peace, and national development.
He further urged stakeholders to seize the opportunity to address key reforms, including constitutional amendments and the two-thirds gender rule.
Also Read:IEBC Selection Panel Defies Raila After Court Order
On his part, Deputy President Rigathi Gachagua expressed confidence that the report, once implemented, would contribute to peace and stability in the country.
He called for unity among Kenyans, emphasizing the need to resolve political differences through dialogue rather than resorting to violence.
Wiper Party leader Kalonzo Musyoka also echoed similar sentiments, urging President Ruto to leverage his authority to ensure the report’s conclusion without interference.
He cautioned against individuals seeking to derail the progress achieved by the committee, emphasizing the importance of upholding national unity and cohesion.
The Court directed the parties to file their respective submissions within seven days of the exchange of responses that the application be heard inter-parties on April 16, 2024.
